Sen. Julie A. Morrison
Filed: 5/1/2018
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1 | AMENDMENT TO SENATE BILL 2387
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2 | AMENDMENT NO. ______. Amend Senate Bill 2387 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 9.5 and by adding Section 9.7 as | ||||||
6 | follows: | ||||||
7 | (430 ILCS 65/9.5) | ||||||
8 | Sec. 9.5. Revocation of Firearm Owner's Identification
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9 | Card. | ||||||
10 | (a) A person who receives a revocation notice under Section | ||||||
11 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
12 | revocation: | ||||||
13 | (1) surrender his or her Firearm Owner's | ||||||
14 | Identification Card to the local law enforcement agency | ||||||
15 | where the person resides. The local law enforcement agency | ||||||
16 | shall provide the person a receipt and transmit the Firearm |
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1 | Owner's Identification Card to the Department of State | ||||||
2 | Police; and | ||||||
3 | (2) complete a Firearm Disposition Record on a form | ||||||
4 | prescribed by the Department of State Police and place his | ||||||
5 | or her firearms in the location or with the person reported | ||||||
6 | in the Firearm Disposition Record. The form shall require | ||||||
7 | the person to disclose: | ||||||
8 | (A) the make, model, and serial number of each | ||||||
9 | firearm owned by or under the custody and control of | ||||||
10 | the revoked person; | ||||||
11 | (B) the location where each firearm will be | ||||||
12 | maintained during the prohibited term; and | ||||||
13 | (C) if any firearm will be transferred to the | ||||||
14 | custody of another person, the name, address and | ||||||
15 | Firearm Owner's Identification Card number of the | ||||||
16 | transferee. | ||||||
17 | (b) The local law enforcement agency shall provide a copy | ||||||
18 | of the Firearm Disposition Record to the person whose Firearm | ||||||
19 | Owner's Identification Card has been revoked and to the | ||||||
20 | Department of State Police. In addition, notice shall be given | ||||||
21 | to the local State's Attorney where both the transferor and | ||||||
22 | transferee live, via a copy of the Firearm Disposition Record. | ||||||
23 | (c) If the person whose Firearm Owner's Identification Card | ||||||
24 | has been revoked fails to comply with the requirements of this | ||||||
25 | Section, the sheriff or law enforcement agency where the person | ||||||
26 | resides may petition the circuit court to issue a warrant to |
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1 | search for and seize the Firearm Owner's Identification Card | ||||||
2 | and firearms in the possession or under the custody or control | ||||||
3 | of the person whose Firearm Owner's Identification Card has | ||||||
4 | been revoked. | ||||||
5 | (d) A violation of subsection (a) of this Section is a | ||||||
6 | Class A misdemeanor. | ||||||
7 | (e) The observation of a Firearm Owner's Identification | ||||||
8 | Card in the possession of a person whose Firearm Owner's | ||||||
9 | Identification Card has been revoked constitutes a sufficient | ||||||
10 | basis for the arrest of that person for violation of this | ||||||
11 | Section. | ||||||
12 | (f) Within 30 days after the effective date of this | ||||||
13 | amendatory Act of the 98th General Assembly, the Department of | ||||||
14 | State Police shall provide written notice of the requirements | ||||||
15 | of this Section to persons whose Firearm Owner's Identification | ||||||
16 | Cards have been revoked, suspended, or expired and who have | ||||||
17 | failed to surrender their cards to the Department. | ||||||
18 | (g) A person whose Firearm Owner's Identification Card has | ||||||
19 | been revoked and who received notice under subsection (f) shall | ||||||
20 | comply with the requirements of this Section within 48 hours of | ||||||
21 | receiving notice.
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22 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
23 | (430 ILCS 65/9.7 new) | ||||||
24 | Sec. 9.7. Firearm disposition. | ||||||
25 | (a) The recipient of any firearm transferred by way of a |
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1 | Firearm Disposition Record form shall file with the Department | ||||||
2 | of State Police, a sworn affidavit, attesting that the person: | ||||||
3 | (1) is aware of, and will abide by the current law | ||||||
4 | regarding the unlawful transfer of a firearm; | ||||||
5 | (2) is aware of the penalties for violating the law as | ||||||
6 | it pertains to unlawful transfer of a firearm; | ||||||
7 | (3) intends to retain possession of the firearm until | ||||||
8 | it is determined that the transferor is capable of | ||||||
9 | possessing the firearm, or until a new person is chosen to | ||||||
10 | hold the firearm; and | ||||||
11 | (4) inform the Department and the State's Attorney in | ||||||
12 | the county in which he or she resides of any address or | ||||||
13 | name change that occurs while the person possesses the | ||||||
14 | firearm; however, the person shall be relieved of these | ||||||
15 | duties once he or she has legally destroyed the firearm or | ||||||
16 | lawfully transferred the firearm. Proof of legal | ||||||
17 | destruction or lawful transfer shall be filed with the | ||||||
18 | Department of State Police and notice given to the State's | ||||||
19 | Attorney in the county in which he or she resides by | ||||||
20 | written proof of the destruction or transfer of the | ||||||
21 | firearm. | ||||||
22 | (b) The person shall provide notice to the State's Attorney | ||||||
23 | in the county in which he or she resides via copy of the sworn | ||||||
24 | affidavit, to demonstrate that the affidavit has been filed | ||||||
25 | with the Department.
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1 | Section 10. The Criminal Code of 2012 is amended by | ||||||
2 | changing Section 24-3 as follows:
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3 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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4 | Sec. 24-3. Unlawful sale or delivery of firearms.
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5 | (A) A person commits the offense of unlawful sale or | ||||||
6 | delivery of firearms when he
or she knowingly does any of the | ||||||
7 | following:
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8 | (a) Sells or gives any firearm of a size which may be | ||||||
9 | concealed upon the
person to any person under 18 years of | ||||||
10 | age.
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11 | (b) Sells or gives any firearm to a person under 21 | ||||||
12 | years of age who has
been convicted of a misdemeanor other | ||||||
13 | than a traffic offense or adjudged
delinquent.
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14 | (c) Sells or gives any firearm to any narcotic addict.
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15 | (d) Sells or gives any firearm to any person who has | ||||||
16 | been convicted of a
felony under the laws of this or any | ||||||
17 | other jurisdiction.
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18 | (e) Sells or gives any firearm to any person who has | ||||||
19 | been a patient in a
mental institution within the past 5 | ||||||
20 | years. In this subsection (e): | ||||||
21 | "Mental institution" means any hospital, | ||||||
22 | institution, clinic, evaluation facility, mental | ||||||
23 | health center, or part thereof, which is used primarily | ||||||
24 | for the care or treatment of persons with mental | ||||||
25 | illness. |
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1 | "Patient in a mental institution" means the person | ||||||
2 | was admitted, either voluntarily or involuntarily, to | ||||||
3 | a mental institution for mental health treatment, | ||||||
4 | unless the treatment was voluntary and solely for an | ||||||
5 | alcohol abuse disorder and no other secondary | ||||||
6 | substance abuse disorder or mental illness.
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7 | (f) Sells or gives any firearms to any person who is a | ||||||
8 | person with an intellectual disability.
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9 | (g) Delivers any firearm of a size which may be | ||||||
10 | concealed upon the
person, incidental to a sale, without | ||||||
11 | withholding delivery of such firearm
for at least 72 hours | ||||||
12 | after application for its purchase has been made, or
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13 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
14 | gun or taser, incidental to a sale,
without withholding | ||||||
15 | delivery of such rifle, shotgun or other long gun, or a | ||||||
16 | stun gun or taser for
at least 24 hours after application | ||||||
17 | for its purchase has been made.
However,
this paragraph (g) | ||||||
18 | does not apply to: (1) the sale of a firearm
to a law | ||||||
19 | enforcement officer if the seller of the firearm knows that | ||||||
20 | the person to whom he or she is selling the firearm is a | ||||||
21 | law enforcement officer or the sale of a firearm to a | ||||||
22 | person who desires to purchase a firearm for
use in | ||||||
23 | promoting the public interest incident to his or her | ||||||
24 | employment as a
bank guard, armed truck guard, or other | ||||||
25 | similar employment; (2) a mail
order sale of a firearm from | ||||||
26 | a federally licensed firearms dealer to a nonresident of |
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1 | Illinois under which the firearm
is mailed to a federally | ||||||
2 | licensed firearms dealer outside the boundaries of | ||||||
3 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
4 | Illinois while at a firearm showing or display
recognized | ||||||
5 | by the Illinois Department of State Police; (4) the sale of | ||||||
6 | a
firearm to a dealer licensed as a federal firearms dealer | ||||||
7 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
8 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
9 | shotgun, or other long gun to a resident registered | ||||||
10 | competitor or attendee or non-resident registered | ||||||
11 | competitor or attendee by any dealer licensed as a federal | ||||||
12 | firearms dealer under Section 923 of the federal Gun | ||||||
13 | Control Act of 1968 at competitive shooting events held at | ||||||
14 | the World Shooting Complex sanctioned by a national | ||||||
15 | governing body. For purposes of transfers or sales under | ||||||
16 | subparagraph (5) of this paragraph (g), the Department of | ||||||
17 | Natural Resources shall give notice to the Department of | ||||||
18 | State Police at least 30 calendar days prior to any | ||||||
19 | competitive shooting events at the World Shooting Complex | ||||||
20 | sanctioned by a national governing body. The notification | ||||||
21 | shall be made on a form prescribed by the Department of | ||||||
22 | State Police. The sanctioning body shall provide a list of | ||||||
23 | all registered competitors and attendees at least 24 hours | ||||||
24 | before the events to the Department of State Police. Any | ||||||
25 | changes to the list of registered competitors and attendees | ||||||
26 | shall be forwarded to the Department of State Police as |
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1 | soon as practicable. The Department of State Police must | ||||||
2 | destroy the list of registered competitors and attendees no | ||||||
3 | later than 30 days after the date of the event. Nothing in | ||||||
4 | this paragraph (g) relieves a federally licensed firearm | ||||||
5 | dealer from the requirements of conducting a NICS | ||||||
6 | background check through the Illinois Point of Contact | ||||||
7 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
8 | "application" means when the buyer and seller reach an | ||||||
9 | agreement to purchase a firearm.
For purposes of this | ||||||
10 | paragraph (g), "national governing body" means a group of | ||||||
11 | persons who adopt rules and formulate policy on behalf of a | ||||||
12 | national firearm sporting organization.
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13 | (h) While holding any license
as a dealer,
importer, | ||||||
14 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
15 | Act of 1968,
manufactures, sells or delivers to any | ||||||
16 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
17 | or receiver which is a die casting of zinc alloy or
any | ||||||
18 | other nonhomogeneous metal which will melt or deform at a | ||||||
19 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
20 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
21 | the Firearm Owners Identification Card Act; and (2)
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22 | "handgun" is defined as a firearm designed to be held
and | ||||||
23 | fired by the use of a single hand, and includes a | ||||||
24 | combination of parts from
which such a firearm can be | ||||||
25 | assembled.
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26 | (i) Sells or gives a firearm of any size to any person |
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1 | under 18 years of
age who does not possess a valid Firearm | ||||||
2 | Owner's Identification Card.
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3 | (j) Sells or gives a firearm while engaged in the | ||||||
4 | business of selling
firearms at wholesale or retail without | ||||||
5 | being licensed as a federal firearms
dealer under Section | ||||||
6 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
7 | In this paragraph (j):
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8 | A person "engaged in the business" means a person who | ||||||
9 | devotes time,
attention, and
labor to
engaging in the | ||||||
10 | activity as a regular course of trade or business with the
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11 | principal objective of livelihood and profit, but does not | ||||||
12 | include a person who
makes occasional repairs of firearms | ||||||
13 | or who occasionally fits special barrels,
stocks, or | ||||||
14 | trigger mechanisms to firearms.
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15 | "With the principal objective of livelihood and | ||||||
16 | profit" means that the
intent
underlying the sale or | ||||||
17 | disposition of firearms is predominantly one of
obtaining | ||||||
18 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
19 | such as
improving or liquidating a personal firearms | ||||||
20 | collection; however, proof of
profit shall not be required | ||||||
21 | as to a person who engages in the regular and
repetitive | ||||||
22 | purchase and disposition of firearms for criminal purposes | ||||||
23 | or
terrorism.
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24 | (k) Sells or transfers ownership of a firearm to a | ||||||
25 | person who does not display to the seller or transferor of | ||||||
26 | the firearm either: (1) a currently valid Firearm Owner's |
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1 | Identification Card that has previously been issued in the | ||||||
2 | transferee's name by the Department of State Police under | ||||||
3 | the provisions of the Firearm Owners Identification Card | ||||||
4 | Act; or (2) a currently valid license to carry a concealed | ||||||
5 | firearm that has previously been issued in the transferee's | ||||||
6 | name by the
Department of State Police under the Firearm | ||||||
7 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
8 | the transfer of a firearm to a person who is exempt from | ||||||
9 | the requirement of possessing a Firearm Owner's | ||||||
10 | Identification Card under Section 2 of the Firearm Owners | ||||||
11 | Identification Card Act. For the purposes of this Section, | ||||||
12 | a currently valid Firearm Owner's Identification Card | ||||||
13 | means (i) a Firearm Owner's Identification Card that has | ||||||
14 | not expired or (ii) an approval number issued in accordance | ||||||
15 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
16 | the Firearm Owners Identification Card Act shall be proof | ||||||
17 | that the Firearm Owner's Identification Card was valid. | ||||||
18 | (1) In addition to the other requirements of this | ||||||
19 | paragraph (k), all persons who are not federally | ||||||
20 | licensed firearms dealers must also have complied with | ||||||
21 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
22 | Identification Card Act by determining the validity of | ||||||
23 | a purchaser's Firearm Owner's Identification Card. | ||||||
24 | (2) All sellers or transferors who have complied | ||||||
25 | with the requirements of subparagraph (1) of this | ||||||
26 | paragraph (k) shall not be liable for damages in any |
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1 | civil action arising from the use or misuse by the | ||||||
2 | transferee of the firearm transferred, except for | ||||||
3 | willful or wanton misconduct on the part of the seller | ||||||
4 | or transferor. | ||||||
5 | (l) Not
being entitled to the possession of a firearm, | ||||||
6 | delivers the
firearm, knowing it to have been stolen or | ||||||
7 | converted. It may be inferred that
a person who possesses a | ||||||
8 | firearm with knowledge that its serial number has
been | ||||||
9 | removed or altered has knowledge that the firearm is stolen | ||||||
10 | or converted. | ||||||
11 | (B) Paragraph (h) of subsection (A) does not include | ||||||
12 | firearms sold within 6
months after enactment of Public
Act | ||||||
13 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
14 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
15 | purchased by any citizen within 6 months after the
enactment of | ||||||
16 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
17 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
18 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
19 | if that firearm was legally held or acquired within 6 months | ||||||
20 | after
the enactment of that Public Act.
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21 | (C) Sentence.
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22 | (1) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
24 | or (h) of subsection (A) commits a Class
4
felony.
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25 | (2) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of
paragraph (b) or (i) of |
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1 | subsection (A) commits a Class 3 felony.
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2 | (3) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
4 | commits a Class 2 felony.
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5 | (4) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
7 | subsection (A) in any school, on the real
property | ||||||
8 | comprising a school, within 1,000 feet of the real property | ||||||
9 | comprising
a school, at a school related activity, or on or | ||||||
10 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
11 | contracted by a school or school district to
transport | ||||||
12 | students to or from school or a school related activity,
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13 | regardless of the time of day or time of year at which the | ||||||
14 | offense
was committed, commits a Class 1 felony. Any person | ||||||
15 | convicted of a second
or subsequent violation of unlawful | ||||||
16 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
17 | (b), or (i) of subsection (A) in any school, on the real | ||||||
18 | property
comprising a school, within 1,000 feet of the real | ||||||
19 | property comprising a
school, at a school related activity, | ||||||
20 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
21 | or contracted by a school or school district to
transport | ||||||
22 | students to or from school or a school related activity,
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23 | regardless of the time of day or time of year at which the | ||||||
24 | offense
was committed, commits a Class 1 felony for which | ||||||
25 | the sentence shall be a
term of imprisonment of no less | ||||||
26 | than 5 years and no more than 15 years.
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1 | (5) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (a) or (i) of | ||||||
3 | subsection (A) in residential property owned,
operated, or | ||||||
4 | managed by a public housing agency or leased by a public | ||||||
5 | housing
agency as part of a scattered site or mixed-income | ||||||
6 | development, in a public
park, in a
courthouse, on | ||||||
7 | residential property owned, operated, or managed by a | ||||||
8 | public
housing agency or leased by a public housing agency | ||||||
9 | as part of a scattered site
or mixed-income development, on | ||||||
10 | the real property comprising any public park,
on the real
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11 | property comprising any courthouse, or on any public way | ||||||
12 | within 1,000 feet
of the real property comprising any | ||||||
13 | public park, courthouse, or residential
property owned, | ||||||
14 | operated, or managed by a public housing agency or leased | ||||||
15 | by a
public housing agency as part of a scattered site or | ||||||
16 | mixed-income development
commits a
Class 2 felony.
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17 | (6) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
19 | commits a Class A misdemeanor. A second or
subsequent | ||||||
20 | violation is a Class 4 felony. | ||||||
21 | (7) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
23 | commits a Class 4 felony , except that a violation of | ||||||
24 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
25 | not be punishable as a crime or petty offense . A third or | ||||||
26 | subsequent conviction for a violation of paragraph (k) of |
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1 | subsection (A) is a Class 1 felony.
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2 | (8) A person 18 years of age or older convicted of | ||||||
3 | unlawful sale or delivery of firearms in violation of | ||||||
4 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
5 | that was sold or given to another person under 18 years of | ||||||
6 | age was used in the commission of or attempt to commit a | ||||||
7 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
8 | to exceed the maximum provided for the most serious | ||||||
9 | forcible felony so committed or attempted by the person | ||||||
10 | under 18 years of age who was sold or given the firearm. | ||||||
11 | (9) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
13 | commits a Class 3 felony. | ||||||
14 | (10) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
16 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
17 | Any person convicted of unlawful sale or delivery of | ||||||
18 | firearms in violation of paragraph (l) of subsection (A) | ||||||
19 | commits a Class 1 felony if the delivery is of not less | ||||||
20 | than 2 and not more than 5 firearms at the
same time or | ||||||
21 | within a one year period. Any person convicted of unlawful | ||||||
22 | sale or delivery of firearms in violation of paragraph (l) | ||||||
23 | of subsection (A) commits a Class X felony for which he or | ||||||
24 | she shall be sentenced
to a term of imprisonment of not | ||||||
25 | less than 6 years and not more than 30
years if the | ||||||
26 | delivery is of not less than 6 and not more than 10 |
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1 | firearms at the
same time or within a 2 year period. Any | ||||||
2 | person convicted of unlawful sale or delivery of firearms | ||||||
3 | in violation of paragraph (l) of subsection (A) commits a | ||||||
4 | Class X felony for which he or she shall be sentenced
to a | ||||||
5 | term of imprisonment of not less than 6 years and not more | ||||||
6 | than 40
years if the delivery is of not less than 11 and | ||||||
7 | not more than 20 firearms at the
same time or within a 3 | ||||||
8 | year period. Any person convicted of unlawful sale or | ||||||
9 | delivery of firearms in violation of paragraph (l) of | ||||||
10 | subsection (A) commits a Class X felony for which he or she | ||||||
11 | shall be sentenced
to a term of imprisonment of not less | ||||||
12 | than 6 years and not more than 50
years if the delivery is | ||||||
13 | of not less than 21 and not more than 30 firearms at the
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14 | same time or within a 4 year period. Any person convicted | ||||||
15 | of unlawful sale or delivery of firearms in violation of | ||||||
16 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
17 | for which he or she shall be sentenced
to a term of | ||||||
18 | imprisonment of not less than 6 years and not more than 60
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19 | years if the delivery is of 31 or more firearms at the
same | ||||||
20 | time or within a 5 year period. | ||||||
21 | (D) For purposes of this Section:
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22 | "School" means a public or private elementary or secondary | ||||||
23 | school,
community college, college, or university.
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24 | "School related activity" means any sporting, social, | ||||||
25 | academic, or
other activity for which students' attendance or | ||||||
26 | participation is sponsored,
organized, or funded in whole or in |
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1 | part by a school or school district.
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2 | (E) A prosecution for a violation of paragraph (k) of | ||||||
3 | subsection (A) of this Section may be commenced within 6 years | ||||||
4 | after the commission of the offense. A prosecution for a | ||||||
5 | violation of this Section other than paragraph (g) of | ||||||
6 | subsection (A) of this Section may be commenced within 5 years | ||||||
7 | after the commission of the offense defined in the particular | ||||||
8 | paragraph.
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9 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
10 | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)".
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